RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00105
INDEX CODE: 108.07
COUNSEL: NONE
XXXXXXX
HEARING DESIRED: NO
XXXXXXX
MANDATORY CASE COMPLETION DATE: 12 Jul 05
_________________________________________________________________
APPLICANT REQUESTS THAT:
His service-connected medical condition for Neurofibromatosis be considered
as presumptive of Agent Orange due to his tours in Vietnam and combat
related in order to qualify for compensation under the Combat-Related
Special Compensation (CRSC) Act.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Southeast Asia, he was sprayed with Agent Orange, which
aggravated his disease.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his initial enlistment in the Regular Air Force on 12
October 1950. He was progressively promoted to the grade of chief master
sergeant, having assumed that grade effective and with a date of rank of 1
September 1977. He served in Southeast Asia from 17 February 1962 through
24 November 1962, and from 18 October 1966 to 3 March 1967. He was
permanently retired for disability effective 20 April 1980, with a
disability rating of 100%. He completed 27 years, 4 months, and 25 days on
active duty.
Current Department of Veterans Affairs (DVA) records reflect a combined
compensable rating of 100% for his unfitting conditions.
His CRSC application was disapproved on 16 December 2003, since his service-
connected medical condition was determined not to be combat-related.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states, in part, that while the applicant
was treated for a congenital disease, Neurofibromatosis, his records fail
to show a connection to a combat-related event.
The AFPC/DPPD evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16
April 2004 for review and comment within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
evidence of record, it is our opinion that the service-connected medical
condition the applicant believes is combat-related was not incurred as the
direct result of armed conflict, while engaged in hazardous service, in the
performance of duty under conditions simulating war, or through an
instrumentality of war, and therefore, does not qualify for compensation
under the CRSC Act. We agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has not been the victim of an
error or injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2004-
00105 in Executive Session on 6 April 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Jan 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPD, dated 7 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 04.
THOMAS S. MARKIEWICZ
Chair
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